Case Summary
| Case ID | 15F-H1415008-BFS |
|---|---|
| Agency | DFBLS |
| Tribunal | OAH |
| Decision Date | 2015-05-22 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | no |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Attila Revesz | Counsel | — |
|---|---|---|---|
| Respondent | Shadow Mountain Villas Condominium Association of Phoenix | Counsel | Craig Boates |
Alleged Violations
Article 2.1
Outcome Summary
The ALJ dismissed the petition, finding that the Petitioner failed to meet the burden of proof regarding the alleged lack of quorum at the annual meeting. The Respondent was deemed the prevailing party.
Why this result: Evidence showed that a quorum was present at the meeting.
Key Issues & Findings
Annual Meeting Quorum
Petitioner alleged the HOA violated Bylaws Article 2.1 because the 2014 annual meeting lacked a quorum of board members and homeowners.
Orders: Petition dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_lose
- Article 2.1
Decision Documents
15F-H1415008-BFS-rhg Decision – 463171.pdf
15F-H1415008-BFS-rhg Decision – 469839.pdf
**Case Summary: Revesz v. Shadow Mountain Villas Condominium Association**
**Case No:** 15F-H1415008-BFS-rhg
**Procedural Overview**
This matter involves a dispute between homeowner Attila Revesz (Petitioner) and the Shadow Mountain Villas Condominium Association (Respondent). The proceedings occurred in two phases: an original hearing decided in May 2015 and a subsequent rehearing decided in October 2015. This summary explicitly distinguishes between the two to prevent conflation of the outcomes.
**1. Original Hearing Proceedings (May 2015)**
* **Main Issue:** The Petitioner alleged the Respondent violated Article 2.1 of its Bylaws regarding the annual meeting held on May 22, 2014. The central dispute was whether a quorum existed. The Petitioner claimed the meeting was improper because Board member Angelo Peri was not physically present.
* **Key Arguments:**
* **Petitioner:** Revesz argued that Mr. Peri was not present via telephone because no landline or phone was visible in the meeting room. He also pointed to draft minutes that initially listed Peri as absent.
* **Respondent:** The Association's management agent testified that Mr. Peri was present via cell phone and that a quorum of homeowners was present in person or by proxy. The Respondent argued that draft minutes contained errors which were later corrected.
* **Legal Findings:** The Administrative Law Judge (ALJ) found the Respondent’s testimony credible regarding the presence of a quorum. Crucially, the ALJ noted that the Petitioner accepted his own election to the Board at the disputed meeting and acted in the capacity of a director throughout 2014, thereby tacitly accepting the meeting's validity.
* **Original Outcome:** The Petitioner failed to prove the violation by a "preponderance of the evidence". The petition was dismissed, and Shadow Mountain was deemed the prevailing party.
**2. Rehearing Proceedings (October 2015)**
Following the initial dismissal, the matter returned for a rehearing under case number 15F-H1415008-BFS-rhg.
* **Proceedings:** The rehearing was scheduled for October 22, 2015. The Petitioner failed to appear.
* **Procedural Failures:**
* **Motion to Continue:** The Respondent’s attorney indicated they received a Motion to Continue from the Petitioner. However, the ALJ verified that the Petitioner never filed this motion with the Office of Administrative Hearings.
* **Failure to Disclose:** The Respondent noted, and the court accepted, that the Petitioner failed to file and
Case Participants
Petitioner Side
- Attila Revesz (petitioner)
Shadow Mountain Villas Condominium Association
Homeowner and board member; erroneously listed as Attilla Balbo in some minutes,, - Rick Sanchez (witness)
Homeowner and board member,,
Respondent Side
- Craig Boates (attorney)
Boates & Crump, PLLC; Boates Law Firm, PLLC
Also listed as Craighton T. Boates,, - Jo-Ann Greenstein (witness)
RealManage
Vice-President of RealManage (agent for Respondent), - Russell Hutchinson (board member)
Shadow Mountain Villas Condominium Association - Shelly Rothgeb (board member)
Shadow Mountain Villas Condominium Association - Angelo Peri (board member)
Shadow Mountain Villas Condominium Association
,
Neutral Parties
- Thomas Shedden (ALJ)
Office of Administrative Hearings
,, - Gene Palma (Director)
Department of Fire, Building and Life Safety - Greg Hanchett (Interim Director)
Office of Administrative Hearings
, - Debra Blake (Director)
Department of Fire, Building and Life Safety
Interim Director,, - Joni Cage (administrative staff)
Department of Fire, Building and Life Safety
c/o for Debra Blake, - Rosella J. Rodriguez (administrative staff)
Office of Administrative Hearings
,